Law in one Paragraph

Dileep Nevatia vs. State Bank of India, 2015 (5) MhLJ 105]: M.P. High Court A claim for damages must be both pleaded and proved 18. A claim for damages must be both pleaded and proved. I will assume for a moment that there is an adequate pleading although, in my view, there is not. In […]

K.C. Bokadia and Ors. vs. Dinesh Chandra Dubey [1999 (1) MPLJ 33]: Madhya Pradesh High Court Non-registration of copyright does not take away available civil or criminal remedies 8. A careful analysis of the Scheme and the provisions of the Act does not disclose any legislative intention to make registration of copyright mandatory or to

Kailash Nath Associates v. DDA [(2015) 4 SCC 136]: Supreme Court of India Law on compensation for breach of contract under section 74 1. Where a sum is names in a contract as a liquidated amount payable by way of damages, the party complaining of a breach can receive as reasonable compensation such liquidated amount only

Lotus International vs Chaturbhujadas Karnani Textiles [ 65 (1997) DLT 300]: Delhi High Court Previous non-appearance of a party can be excused if a good cause for absence is shown in application under Order 9 Rule 7 of CPC (23) From the aforesaid rulings, the following principles can be summarised. Where the Court has decided

Vadivelu Thevar vs. The State of Madras [AIR 1957 SC 614]: Supreme Court of India Conviction can be based on testimony of single witness 10. ….. On a consideration of the relevant authorities and the provisions of the Indian Evidence Act, the following propositions may be safely stated as firmly established: As a general rule, a court can

Mohamed Sugal Esa Mamasan Rer Alalah vs. The King [AIR 1946 PC 3]: Privy Council Finding corroboration to a child’s testimony is rule of prudence and not of law 9. It was also submitted on behalf of the appellant that assuming the unsworn evidence was admissible the Court could not act upon it unless it

Sucha Singh and Anr vs. State of Punjab [AIR 2003 SC 976]: Supreme Court of India Benefit of doubt to accused should not mature fanciful doubts 20. Exaggerated devotion to the rule of benefit of doubt must not nurture fanciful doubts or lingering suspicion and thereby destroy social defence. Justice cannot be made sterile on

Sharad Birdhi Chand Sarda vs. State of Maharashtra [AIR 1984 SC 1622]: Supreme Court of India Five golden principles of case to be proved for placing a reliance on the circumstantial evidence 153. A close analysis of this decision would show that the following conditions must be fulfilled before a case against an accused can

Kutchi Lal Rameshwar Ashram Trust Evam Anna Kshetra Trust vs. Collector, Haridwar [(2017) 16 SCC 418]: Supreme Court of India Principle of escheat under Section 29 of Hindu Succession Act 20. Section 29 [of the Hindu Succession Act, 1956] embodies the principle of escheat. The doctrine of escheat postulates that where an individual dies intestate

Municipal Corpn. of Delhi vs. Sushila Devi [(1999) 4 SCC 317]: Supreme Court of India Liability for damage due to dangerous thing on land of owner 13. By a catena of decisions, the law is well settled that if there is a tree standing on the defendant’s land which is dried or dead and for